Property Rights
2 years ago
In a divorce case filed by wife if the husband dies during the pendency and the maintenance is also still pending what are her rights over the property of husband .And can she also claim from self owned assets of in laws.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
As per S.8 of the Succession Act, the wife is one of the recognised individuals who have the right to claim a devolving interest in the property however it is limited only to the ancestral property. Secondly, she cannot claim more than her husband's share if the property was to be divided.
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As per S.8 of the Succession Act, the wife is one of the recognised individuals who have the right to claim a devolving interest in the property however it is limited only to the ancestral property. Secondly, she cannot claim more than her husband's share if the property was to be divided.
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A.Hi,
Yes, since the wife is one of the legal heirs under Class I heir of the Hindu Succession Act, she has a vested right in her to claim an interest in the property. However, she can only claim to the portion which her husband was going to receive.
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Yes, since the wife is one of the legal heirs under Class I heir of the Hindu Succession Act, she has a vested right in her to claim an interest in the property. However, she can only claim to the portion which her husband was going to receive.
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A.If the husband dies during the pendency of the case then she is still his wife and she would be entitled all her rights to the property as a widow and legal heir of the deceased husband. She cannot claim anything from the self acquired property of the in-laws.
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Madhulika Bhatnagar
Responded 2 years ago
A.If the husband died interstate i.e., without any will, she along with any other class 1 heir such as mother or kids will get equal share in the property of the deceased husband.
She cannot claim anything from the self-owned assets of the in-laws. Whether liability of maintenance will be fixed on in-laws is at the discretion of the court. Some courts have previously held that no liability exists, while others have held that liability to maintain widow of son is on the father in law.
She cannot claim anything from the self-owned assets of the in-laws. Whether liability of maintenance will be fixed on in-laws is at the discretion of the court. Some courts have previously held that no liability exists, while others have held that liability to maintain widow of son is on the father in law.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.In such case if there is no child ,then the property of the husband( if he did not make any Will) will devolve upon his mother and his wife. If her in laws died without making any Will then as predeceased son's widow,she is entitled to get her late husband's share in that property.
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